PHILHEALTH TO SHOULDER ONE COVID-19 PATIENTS EXPENSES WORTH P2.8-M SAYS AGENCY CHIEF + SPANISH COFFIN MAKER WORKS NON-STOP TO MEET GRIM WAVE OF DEMAND + VILLAR STILL THE RICHEST
Other Relevant Tax Updates:
- Securities and Exchange Commission (SEC) allows electronic filing of Audited Financial Statements (AFS) and General Information Sheet (GIS)
- Department of Trade and Industry (DTI) guidelines on 30-grace period concession for residential and commercial rent
- Bureau of Internal Revenue (BIR) issuances on the Implementing Rules and Regulations (IRR) on the 30-grace period for loan payment, extension deadlines on filing of tax returns under ECQ, and tax exemption provisions of Bayanihan to Heal as One Act
- BIR tax advisory on Electronic Filing and Payment System (EFPS) automatic penalties to ignore during Enhanced Community Quarantine (ECQ)
- BIR ruling digests
- CTA case digest
- Tax and business-related news [April 4-8]
I. SEC ALLOWS ELECTRONIC FILING OF AFS AND GIS
SEC Memorandum Circular No. 10, Series of 2020, dated March 20, 2020, provides for guidelines on the electronic filing of reportorial requirements in the light of ECQ.
Highlights include the following:
- Submission of GIS, AFS, and other general and special forms and letters
- Designated e-mail will be provided.
- Documents should be in PDF to contain electronic signature with the e-mail declaration on the authenticity of the documents
- Documents may be submitted unnotarized, subject to a separate SEC guidelines on notarization and submission, which may be issued after ECQ
- Sender to request for a Return Receipt and a Delivery Status Notification to ensure that the e-mail has been sent and received by SEC.
II. DTI GUIDELINES ON 30-GRACE PERIOD CONCESSION FOR RESIDENTIAL AND COMMERCIAL RENT
DTI Memorandum Circular No. 20-12, dated April 4, 2020, provides guidelines on the concessions on residential rents and commercial rents of Micro, Small and Medium Enterprises (MSMEs). A minimum of thirty (30) days grace period shall be granted without incurring interests, penalties, fees and other charges on residential rents and commercial rents of MSMEs falling due within the Enhanced Community Quarantine (ECQ). Lessors who shall refuse to provide 30-day grace period to lessees affected by ECQ shall be penalized with imprisonment of not less than two (2) months or a fine of not less than Php 10,000, or both.
III. BIR ISSUANCES ON THE IRR ON THE 30-GRACE PERIOD FOR LOAN PAYMENT, EXTENSION DEADLINES ON FILING OF TAX RETURNS UNDER ECQ, AND TAX EXEMPTION PROVISIONS OF BAYANIHAN TO HEAL AS ONE ACT
IRR ON 30-GRACE PERIOD FOR LOAN PAYMENT UNDER ECQ
Revenue Regulations (RR) No. 8-2020, dated April 1, 2020, directs all banks, quasi-banks, financing companies, lending companies and other public and private institutions to implement a minimum 30-day grace period for loan payments falling due within ECQ period without incurring interests, penalties, fees or other charges. Borrowers with loans that fall due within the ECQ period are also spared from paying Documentary Stamp Tax (DST) as a consequence of the relief granted.
IRR ON EXTENSION DEADLINES FOR FILING AND PAYMENT OF TAX RETURNS UNDER ECQ
RR No. 7-2020, dated March 27, 2020, circularizes the extensions of filing and payment of various documents and returns with upcoming due dates falling under ECQ, for a month.
IRR ON TAX EXEMPTION PROVISIONS OF BAYANIHAN TO HEAL AS ONE ACT
RR No. 6-2020, dated 27 March 2020, implements the tax exemption provision of Section 4 (o) of Republic Act (R.A.) No. 11469 otherwise known as the Bayanihan to Heal as One Act.
Highlights include the following:
- Exemption from VAT, excise tax, and other fees of imported items which are critical and needed as part of healthcare equipment and supplies, including materials needed to make them, and are all intended to combat COVID-19 public health emergency.
- Imported items shall be released from the Bureau of Custom (BOC) without the need of an Authority to Release Imported Goods (ATRIG).
- Donations of these imported articles to or for the use of the National Government or any non-profit entity created by any of its agencies, or any of its political subdivision are exempt from donor’s tax and subject to the ordinary rules of deductibility.
The regulation contains the list of items as well as the procedural guidelines on the part of the importing manufacturer to avail the tax exemption.
IV. BIR TAX ADVISORY ON EFPS AUTOMATIC PENALTIES TO IGNORE DURING ECQ
The BIR has advised the taxpayers to disregard the penalties computed under eFPS facility and pay only the basic tax due. Therefore any filing/payment beyond the stated deadline in RMC 30-2020 shall be subject to the applicable penalties computed by the system from the extended deadline until actually paid.
V. BIR RULING DIGESTS
Local water district is exempt from income tax and consequently to expanded withholding tax, but the same is subject to 2% franchise tax
- VAT exemption of imported cargo ship from Korea
- VAT exemption of imported general purpose ship from Malaysia
- VAT exemption of imported fast craft passenger ship
LOCAL WATER DISTRICT IS EXEMPT FROM INCOME TAX AND CONSEQUENTLY TO EXPANDED WITHHOLDING TAX, BUT THE SAME IS SUBJECT TO 2% FRANCHISE TAX
P Co., a VAT registered entity, entered into a joint venture with Tarlac City Water District (TCWD), a government owned and controlled corporation and a franchisee grantee to provide water supply service in Tarlac City. P Co. is now seeking clarification on the taxability of revenue share from the joint venture with TCWD. In reply, the BIR ruled that a local water district is not liable to pay the same rate of tax as imposed to other domestic corporations engaged in a similar business, industry or activity. Accordingly, TCWD, being a duly organized local water district per Conditional Certificate of Conformance No. 14 issued by the Local Water Utilities Administration, is not subject to income tax, and consequently to expanded withholding tax on its revenue share from the joint venture citing Section 27 of the 1997 Tax Code. However, the same is subject to 2% franchise tax as imposed under Section 119 of the Tax Code. P Co. revenue share, on the other hand, is subject to 30% corporate income tax and 12% VAT as a domestic corporation. [BIR RULING NO. 694-19, NOVEMBER 21, 2019]
VAT EXEMPTION OF IMPORTED CARGO SHIP FROM KOREA
M Co., a shipping company duly accredited by the Maritime Industry Authority (MARINA), is requesting for a ruling on the VAT exemption on its importation of cargo ship from Korea. In ruling, the BIR opined that importation of a cargo vessel destined for domestic transport operations shall be exempt from VAT, provided that the exemption from VAT on the importation of cargo vessel shall be subject to the requirements on restriction on vessel importation and mandatory vessel retirement program of MARINA. It is noted that the imported cargo vessel has been issued by MARINA with the required authority to be imported. Hence, the importation of the said vessel is deemed compliant with the requirements restriction on vessel importation and mandatory vessel retirement program of MARINA. Accordingly, the importation of the cargo vessel shall be exempt from VAT. [BIR RULING NO. 679-19, NOVEMBER 13, 2019]
VAT EXEMPTION OF IMPORTED GENERAL PURPOSE SHIP FROM MALAYSIA
P Co., a shipping company duly accredited by MARINA, is requesting for a ruling on the VAT exemption on its importation of a general purpose ship from Malaysia. In ruling, the BIR opined that a general purpose vessel falls under the classification of a cargo vessel and that importation of a cargo vessel destined for domestic transport operations shall be exempt from VAT, provided that the exemption from VAT on the importation of cargo vessel shall be subject to the requirements on restriction on vessel importation and mandatory vessel retirement program of MARINA. It is noted that the imported cargo vessel has been issued by MARINA with the required authority to be imported. Hence, the importation of the said vessel is deemed compliant with the requirements restriction on vessel importation and mandatory vessel retirement program of MARINA. Accordingly, the importation of the cargo vessel shall be exempt from VAT. [BIR RULING NO. 673-19, OCTOBER 30, 2019]
VAT EXEMPTION OF IMPORTED FAST CRAFT PASSENGER SHIP
E Co., a duly accredited shipping company by MARINA, is requesting for a ruling on the VAT exemption on its importation of fast craft passenger ship. In ruling, the BIR opined that importation of a cargo vessel destined for domestic transport operations shall be exempt from VAT, provided, that the exemption from VAT on the importation of cargo vessel shall be subject to the requirements on restriction on vessel importation and mandatory vessel retirement program of MARINA. It is noted that the imported cargo vessel has been issued by MARINA with the required authority to be imported. Hence, the importation of the said vessel is deemed compliant with the requirements restriction on vessel importation and mandatory vessel retirement program of MARINA. Accordingly, the importation of the cargo vessel shall be exempt from VAT. [BIR RULING NO. 659-19, OCTOBER 18, 2019]
VI. CTA CASE DIGEST
ASSESSMENT VOID DUE TO ABSENCE OF NEW LETTER OF AUTHORITY (LOA); NO DEFINITE DATE TO SETTLE FORMAL LETTER OF DEMAND (FLD); FINAL DECISION ON DISPUTED ASSESSMENT (FDDA) SHOWS THAT IT DOES NOT CONTAIN ANY STATEMENT OF FACTS, LAW OR JURISPRUDENCE
Petitioner Rizal Provincial Government filed a Petition for Review seeking cancellation of the assessment issued by the Respondent Commissioner of Internal Revenue. Petitioner argued that the right of the Respondent to assess has prescribed, thus, the Warrant of Distraint and Levy should be cancelled. In ruling, perusal of the documents showed that the Revenue Officer (RO) was not authorized, pursuant to a validly-issued LOA, when he exercised assessment functions such as making a recommendation for the issuance of assessment notice against the Petitioner. Rather, the authority of RO stems from a mere Referral, in direct contravention of Revenue Memorandum Order No. 43-90. Aside from the lack of authority of RO, the Court noted that the FLD does not contain a definite date to settle. Perusal of the documents showed that the computation of the supposed tax liabilities states that the interest and total amount due would be subject to adjustment if payment is made beyond February 15, 2010. Likewise, the FDDA shows that it does not contain any statement of facts, law or jurisprudence, on which the decision is based, in contravention of Section 3.1.5 of RR No. 12-99, as amended by RR No. 18-13. Consequently, the Petition for Review was GRANTED resulting in the CANCELLATION of the assessment. [RIZAL PROVINCIAL GOVERNMENT VS. COMMISSIONER OF INTERNAL REVENUE, CTA CASE NO. 8918, MARCH 12, 2020]
VII. TAX & BUSINESS-RELATED NEWS [APRIL 4-8]
- AirAsia cancels all domestic, international flights
- SEC flags 5 illegal investment schemes
- Cebu Pacific, PAL cancel flights until April 30
- Holy Week holiday pay can be deferred until COVID-19 crisis ends: labor dept
- Borrowers get another 30-day grace period with lockdown extension: Bangko Sentral
- GSIS, SSS move members’ payment deadlines to June 1 as COVID-19 relief
- BIR readies new tax deadlines as Luzon COVID-19 lockdown prolonged
- Max’s Group reopens after 10-day break
- SEC contributes P2B to war chest vs COVID-19
- Incentives granted to makers, importers of essential goods
- DOLE gets P5-billion budget boost for workers’ cash aid
- Remittances could decline if COVID-19 disruption persists: Pernia
- Socioeconomic planning chief seeks loosening of lockdown for some businesses
- Consumer demand ‘alive’ during lockdown as March inflation eases to 2.5 percent
- BIR shutters illegal cigarette factory in Pampanga, seizes 1.6M packs
- BSP to close withdrawal and deposit transactions
- DTI to enforce 30-day grace period on rentals
- Cash aid for COVID-19 lockdown: Labor dept seeks patience for ‘slight delay’
- ‘Funds sufficient but not unlimited’: PhilHealth says staying home a ‘patriotic duty’
- Lysol maker ramps up production as coronavirus pandemic drives demand
- Pensioners excluded from gov’t COVID-19 subsidy program: Nograles
- BSP reminds banks on mandatory 30-day grace period
- DTI: Small-scale businesses can pay April rent in 6-month instalment
- US small businesses seek $5.4 billion in virus relief loans
- Recession risk ‘real,’ Bangko Sentral ready to cut interest rates further: Diokno
- Calibrated lockdown lifting ‘most likely scenario,’ says Makati Business Club
- PH looks into Singapore-made contact-tracing app for COVID-19 response
- 2GO to turn passenger vessels into quarantine ships, says DOTr
- PAL to mount 2 special flights to London on April 7
- 180,000 workers affected by COVID-19 crisis receive cash aid: DOLE
- Comply with Bayanihan Act, SEC tells financing firms
- LGUs give taxpayers grace period as part of quarantine efforts
- Toll-free RFID stickers for doctors, nurses from SMC
- PLDT, Smart deny blocking Zoom video app
- PhilHealth to shoulder one COVID-19 patient’s expenses worth P2.8-M, says agency chief
AirAsia cancels all domestic, international flights [Manila Bulletin, April 8, 2020]
AirAsia on Tuesday cancelled all domestic and international Z2 flights until April 30 following the extended Luzon-wide community quarantine.
Source:https://business.mb.com.ph/2020/04/08/airasia-cancels-all-domestic-international-flights/
SEC flags 5 illegal investment schemes [Philippine Daily Inquirer, April 8, 2020]
The Securities and Exchange Commission has flagged five more entities that are illegally soliciting investments from the public, taking advantage of the current COVID-19 pandemic.
Source: https://business.inquirer.net/294423/sec-flags-5-illegal-investment-schemes#ixzz6J02ouzR4
Cebu Pacific, PAL cancel flights until April 30 [ABS-CBN News, April 8, 2020]
Cebu Pacific and Philippine Airlines said Wednesday they were cancelling all domestic and international flights until April 30, in step with the Philippines’ coronavirus lockdown.
Source:https://news.abs-cbn.com/business/04/08/20/cebu-pacific-pal-cancel-flights-until-april-30
Holy Week holiday pay can be deferred until COVID-19 crisis ends: labor dept [ABS-CBN News, April 8, 2020]
Employers can defer the payment of holiday pay this Holy Week until the COVID-19 crisis abates, the labor department said Wednesday nearly a month into the lockdown of half the country’s population to beat the pandemic.
Borrowers get another 30-day grace period with lockdown extension: Bangko Sentral [ABS-CBN News, April 8, 2020]
Loan payments with due dates that fall within the extended Luzon lockdown period get another 30-day grace period, pursuant to the country’s coronavirus response law, a central bank official said Wednesday.
GSIS, SSS move members’ payment deadlines to June 1 as COVID-19 relief [Philippine Daily Inquirer, April 7, 2020]
The country’s two state-run pension funds on Tuesday (April 7) announced relief for members with loans and those in the private sector worrying about meeting the deadline of their regular contributions.
BIR readies new tax deadlines as Luzon COVID-19 lockdown prolonged [Philippine Daily Inquirer, April 7, 2020]
The Bureau of Internal Revenue (BIR) is moving forward tax deadlines that it had already extended to match the extension of the Luzon-wide lockdown against the COVID-19 pandemic to April 30.
Max’s Group reopens after 10-day break [Philippine Daily Inquirer, April 7, 2020]
After suspending all restaurant operations for 10 days as a precautionary measure against the COVID-19 pandemic, the country’s leading casual dining chain operator Max’s Group Inc. (MGI) has resumed operations in selected locations effective April 5.
Source: https://business.inquirer.net/294350/maxs-group-reopens-after-10-day-break#ixzz6J03abhXF
SEC contributes P2B to war chest vs COVID-19 [Philippine Daily Inquirer, April 7, 2020]
This contribution to national government’s coffers is in accordance with Republic Act No. 11469, otherwise known as the Bayanihan to Heal as One Act, and the directive of the Department of Finance, the SEC said on Tuesday, adding that it had been proactively responding to the public health emergency.
Source: https://business.inquirer.net/294348/sec-contributes-p2b-to-war-chest-vs-covid-19#ixzz6J03nyyqE
Incentives granted to makers, importers of essential goods [Manila Bulletin, April 7, 2020]
The Department of Trade and Industry (DTI) and the Department of Finance (DOF) have agreed to grant tax incentives to manufacturers and importers of essential products during the Enhanced Community Quarantine (ECQ).
Source:https://business.mb.com.ph/2020/04/07/incentives-granted-to-makers-importers-of-essential-goods/
DOLE gets P5-billion budget boost for workers’ cash aid [ABS-CBN News, April 7, 2020]
A P5 billion supplemental budget for the Department of Labor and Employment was approved by the government’s pandemic response task force to help migrant workers and displaced employees, an official said Tuesday.
Source:https://news.abs-cbn.com/business/04/07/20/dole-gets-p5-billion-budget-boost-for-workers-cash-aid
Remittances could decline if COVID-19 disruption persists: Pernia [ABS-CBN News, April 7, 2020]
The coronavirus pandemic could shave 20 to 30 percent off dollar remittances from Filipinos overseas, as the contagion halts businesses worldwide, Socioeconomic Planning Secretary Ernesto Pernia said Tuesday.
Socioeconomic planning chief seeks loosening of lockdown for some businesses [ABS-CBN News, April 7, 2020]
Socioeconomic Planning Secretary Ernesto Pernia said Tuesday he was in favour of some easing to the Luzon lockdown, to allow more businesses to reopen and manufacturing to resume.
Consumer demand ‘alive’ during lockdown as March inflation eases to 2.5 percent [ABS-CBN News, April 7, 2020]
Inflation in March eased from the previous month, with millions locked down in their homes to fight the coronavirus pandemic, official data released Tuesday showed.
Source:https://news.abs-cbn.com/business/04/07/20/philippines-inflation-march-lockdown
BIR shutters illegal cigarette factory in Pampanga, seizes 1.6M packs [Philippine Daily Inquirer, April 6, 2020]
The Bureau of Internal Revenue (BIR) has shuttered in Pampanga an illegal manufacturer of cigarettes supposed to be exported to Malaysia, the Department of Finance (DOF) said.
BSP to close withdrawal and deposit transactions [Manila Bulletin, April 6, 2020]
The Bangko Sentral ng Pilipinas (BSP) said there will be no cash withdrawal and deposit transactions starting on April 8, Holy Wednesday, and for the duration of Lent week.
Source:https://business.mb.com.ph/2020/04/06/bsp-to-close-withdrawal-and-deposit-transactions/
DTI to enforce 30-day grace period on rentals [Manila Bulletin, April 6, 2020]
The Department of Trade and Industry (DTI) said it will enforce the Memorandum Circular (MC) No. 20-12, Series of 2020, which grants a 30-day grace period for residential rent as well as similar grace period for Micro, Small, and Medium Enterprises (MSMEs) with their commercial rent during the Enhanced Community Quarantine (ECQ) period in Luzon.
Source:https://business.mb.com.ph/2020/04/06/dti-to-enforce-30-day-grace-period-on-rentals/
Cash aid for COVID-19 lockdown: Labor dept seeks patience for ‘slight delay’ [ABS-CBN News, April 6, 2020]
The Department of Labor and Employment on Monday appealed for patience from hundreds of thousands who applied for cash aid to get them through the COVID-19 lockdown, saying it was working to overcome delays.
‘Funds sufficient but not unlimited’: PhilHealth says staying home a ‘patriotic duty’ [ABS-CBN News, April 6, 2020]
The Philippine Health Insurance Corporation (PhilHealth) said Monday it prepared some P30 billion funds to cover the cost of treatment of all Filipinos who acquires COVID-19 until April 14.
Lysol maker ramps up production as coronavirus pandemic drives demand [ABS-CBN News, April 6, 2020]
Reckitt Benckiser, the company that makes Dettol disinfectant and Lysol cleaning products, has been working round the clock to keep its factories running to meet growing demand amid the coronavirus pandemic.
Pensioners excluded from gov’t COVID-19 subsidy program: Nograles [ABS-CBN News, April 6, 2020]
Pensioners are excluded from the government’s 2-month emergency subsidy program, Cabinet Secretary Karlo Nograles said Monday as he clarified the target beneficiaries of the aid meant to help poor Filipinos recover from the coronavirus pandemic.
BSP reminds banks on mandatory 30-day grace period [Manila Bulletin, April 5, 2020]
Bangko Sentral ng Pilipinas (BSP) Governor Benjamin E. Diokno has issued a memo to all its supervised financial institutions reminding them that the 30-day grace period to all loans is mandatory while on COVID-19 enhanced community quarantine (ECQ).
Source:https://business.mb.com.ph/2020/04/05/bsp-reminds-banks-on-mandatory-30-day-grace-period/
DTI: Small-scale businesses can pay April rent in 6-month instalment [ABS-CBN News, April 5, 2020]
Small-scale businesses hit by the enhanced community quarantine in Luzon can settle their April rent in 6-month instalments, according to Trade Secretary Ramon Lopez.
US small businesses seek $5.4 billion in virus relief loans [ABS-CBN News, April 5, 2020]
Small and medium-size US businesses have applied for more than $5.4 billion in government-backed loans as a key pillar of the country’s coronavirus relief plan took effect, the Trump administration said.
Source:https://news.abs-cbn.com/business/04/05/20/us-small-businesses-seek-54-billion-in-virus-relief-loans
Recession risk ‘real,’ Bangko Sentral ready to cut interest rates further: Diokno [ABS-CBN News, April 5, 2020]
The Philippine central bank has space to cut interest rates further faced with a “real risk” of recession due to the coronavirus pandemic, Bangko Sentral ng Pilipinas Governor Benjamin Diokno said Sunday.
Calibrated lockdown lifting ‘most likely scenario,’ says Makati Business Club [ABS-CBN News, April 5, 2020]
A calibrated lifting of the Philippines’ coronavirus lockdown is emerging as the ‘most likely scenario,’ the head of the Makati Business Club said Sunday.
PH looks into Singapore-made contact-tracing app for COVID-19 response [ABS-CBN News, April 5, 2020]
The Philippines is looking into a contact-tracing application from Singapore that could help in the government’s response to the coronavirus pandemic, the Department of Information and Communications Technology said Sunday.
2GO to turn passenger vessels into quarantine ships, says DOTr [ABS-CBN News, April 5, 2020]
The Department of Transportation on Sunday said it has made a deal with shipping firm 2GO to turn passenger vessels into quarantine ships for returning seafarers and other overseas Filipino workers (OFWs) required to undergo 14-day quarantine.
PAL to mount 2 special flights to London on April 7 [ABS-CBN News, April 5, 2020]
Philippine Airlines on Sunday said it will have two special flights from Manila to London Heathrow on April 7, Tuesday. PAL said the Manila to London flights were organized by the British Embassy Manila and will be available only to British travellers, who wish to return home.
Source:https://news.abs-cbn.com/business/04/05/20/pal-to-mount-2-special-flights-to-london-on-april-7
180,000 workers affected by COVID-19 crisis receive cash aid: DOLE [ABS-CBN News, April 5, 2020]
Close to 200,000 workers have received cash assistance from the government in a bid to soften the financial blow of the COVID-19 pandemic on the workforce, the Department of Labor and Employment (DOLE) said Sunday.
Comply with Bayanihan Act, SEC tells financing firms [Philippine Daily Inquirer, April 4, 2020]
The Securities and Exchange Commission (SEC) has urged lending and financing companies to comply with the Bayanihan to Heal As One Act, which makes a nationwide 30-day moratorium on loan payments mandatory rather than voluntary.
LGUs give taxpayers grace period as part of quarantine efforts [Philippine Daily Inquirer, April 4, 2020]
Two provinces and 14 cities have so far extended the deadline for the payment of local taxes.
Source: https://business.inquirer.net/294138/lgus-give-taxpayers-grace-period-as-part-of-quarantine-efforts#ixzz6J04ShbAK
Toll-free RFID stickers for doctors, nurses from SMC [Philippine Daily Inquirer, April 4, 2020]
Conglomerate San Miguel Corp. (SMC) assured continued operations across its tollroad network despite the steep drop in vehicular volume. Amid the coronavirus crisis, SMC said the movement of health care front-liners was crucial.
PLDT, Smart deny blocking Zoom video app [ABS-CBN News, April 4, 2020]
Telecommunication company PLDT Inc. on Saturday denied it was blocking the Zoom videoconferencing application from its subscribers.
Source:https://news.abs-cbn.com/business/04/04/20/pldt-smart-deny-blocking-zoom-video-app
PhilHealth to shoulder one COVID-19 patient’s expenses worth P2.8-M, says agency chief [ABS-CBN News, April 4, 2020]
The head of the Philippine Health Insurance Corp. on Saturday said his office will cover the treatment of one COVID-19 patient amounting to P2.8 million, backing the state agency’s promise to shoulder the medical expenses of people afflicted with the coronavirus disease.
If you wish to get a copy of the complete texts of the above issuances, send us an email thru taxseminars@dmdcpa.com.ph.
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